HomeMy WebLinkAboutResolution 1214 . ,
� � � OR N
C t� o O O
• RESOLUTION OF THE CITY COUNCIL
• No. I�Z l`�
O ' • •
A RESOLUTION DENYING A CONDITIONAL USE
PERNIIT FOR TH� ROBERT MORTENSONS FOR A
GREENHOUSE AT 3280 WATERTOWN ROAD
WHEREAS , the City of Orono is a municipal corporation organized
and existing under the laws of the State of P�innesota; and
WHEREAS , pursuant to State Statutes 412 et. seq. and 462 et. seq.
the City Council of the City of Orono has adopted zoning regulations for the
protection of the public health, safety and general �velfare; and
WHERr.AS , Joanne and Robert Mortenson have applied for a �
conditional use perr.lit to erect a commercial greenhouse on a residential
lot at 3280 Watertown Road pursuant to Section 34 . 025 or the Zoning Code;
and
WHEREAS , the purpose of the Conditional Use Permit is set forth
in Section 32 . 410 of the Orono Zoning Code as follows :
• 32 . 410 Conditional Uses : Purpose In order to give the
clistrict use regulation the flexibility necessary to achieve
the objectives of the Zoning Code, in certain districts,
conditional uses are permitted, subject to the granting of
a use permit. Conditional uses include those uses generally
not suitable in a particular zoning district, but which may
under some circumstances be suitable . Y�hen such circumstances
exist , a conditional use permit may be granted. Conditions
may pe applied to issuance of the permit and a periodic review
of the permit may be required. The permit shall be issued for
a particular use and not for a particular person or firm.
Because of their unusual characteristics , conditional uses
require consideration so they may be located properly with
respect to the objectives of the Zoning Code and with respect
to their effects on surrounding properties . In order to
achieve these purposes , the City Council is empowered to grant
and to deny applications for conditional use permits and to
impose reasonable conditions upon the granting of these permits .
[�7HEREAS , the City Council has reviewed the application; the
recomrnendations of staff and the Planning Commission; comments and
petitions submitted by neighborhood citizens; and letters and comments
made by the applicants ,
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RESOLUTION OF THE CITY COUNCIL
• No. /�Z r�
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NOW, THEREFORE , BE IT RESOLVED, that the City Council of the
City of Orono hereby denies said conditional use permit application based
upon the following findings of fact:
l. The property is located in the RR-1B rural residential
use district, which district requires at least 2. 0 acres of
land for each residential dwelling.. This property consists
of 6 . 7 acres .
2 . The surrounding neighborhood consists of residential ' -
dwellings located on lots 1 to 10 acres each, which density
is consistent with that permitted in the Zoning Code and with
that proposed in the City ' s Comprehensive Land Use Plan.
3. The purpose of the 2-acre minimum zoning requirements is
to eliminate the need for sanitary sewer service and other
• extension of costly urban services into the rural area.
4 . The applicant' s have requested a Conditional Use Permit
authorizing erection of a 48 ft. by 70 ft. (3 , 360 sq. ft. )
greenhouse plus a 25 ft. X 30 ft. (750 sq. ft. ) head house
or service area for purposes of carrying on a commercial
greenhouse business.
5. The nature and location of this reguest have raised vocal
opposition from a great many of the neighbors to the subject
property.
6 . The applicant has stated for the record that he would be
unwilling to consider a smaller, less intensive size or
operation.
7 . The existing residential use of this property is compatible
with the residential character of the surrounding neighborhood.
8. Creation of a new commercial us2 on this property would
not be compatible with the residential character of the
neighborhood and would be adverse to the property values of
nearbv residential lots .
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� Clt o� ORONO
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� RESOLUTION OF THE CITY COUNCIL
� NO. _�o�c �_�/
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9 . The size of the intended greenhouse is larger than the
intended scope of the ordinance provision that provides
for limited greenhouses in certain residential districts .
10 . Three of four existing commercial greenhouses in the `
City, operating under the provisions of Section 34 . 025, are
r all located in the RR-1A rural residential 5 . 0 acre residential
district, not the RR-1B 2 . 0 acre district as is this proposal .
11. The existing access to the subject property is located �
at a sharp curve in Glatertown Road.
12 . The neighborhood residents are concerned that operation
of a commercial business on the property would significantly
add to the trafiic on Watertown Road and would add to the
potential traffic hazards, particularly at the above noted
• curve in the road.
13 . The Council does not consider this neighborhood to be
a proper location for a commercial greenhouse operation.
14. The Council is concerned that initiation of any
commercial use on this property would open the door to
future intensification of the commercial use and thereby
be a further detriment to the neighborhood.
15 . Denial of a greenhouse conditional use permit does
not deny reasonable use of the property since the lot is
currently occupied by a single family dwelling and is used
for single family residential purposes consistent witn the
applicable provisions of the Zoning Code and the City' s
Comprehensive Community Management Plan.
Adopted y he City Council of the City of Orono on the �
day of �. 980 .
� .
- Willia . Van Nest, Mayor
ATTEST : Mary C. utler, Acting Mayor
G L�
• � ��aalter . Benson, City Administrator
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